PERMISSION TO RESIDE FOR VICTIMS OF TRAFFICKING OR ILLEGAL IMMIGRATION WHO CO-OPERATE WITH THE MALTESE

WHO CO-OPERATE WITH THE MALTESE AUTHORITIES

SUBSIDIARY LEGISLATION 217.07

PERMISSION TO RESIDE FOR VICTIMS

OF TRAFFICKING OR ILLEGAL IMMIGRATION

WHO CO-OPERATE WITH THE MALTESE

AUTHORITIES REGULATIONS

6th July, 2007

LEGAL NOTICE 175 of 2007, as amended by Legal Notice 220 of 2025.

(1) The title of these regulations is the Permission to

Reside for Victims of Trafficking or Illegal Immigration who co-

operate with the Maltese Authorities Regulations.

(2) These regulations transpose Council Directive 2004/81/EC

on the residence permit issued to third country nationals who are

victims of trafficking of human beings or who have been the

subject of an action to facilitate illegal immigration, who co-

operate with the competent authorities.

(3) These regulations shall apply to third country nationals who

are or have been victims of offences related to the trafficking of

human beings, even if they have entered Malta illegally.

(4) The Principal Immigration Officer may, when he considers

it necessary, apply the provisions of these regulations to third

country nationals who have been the subject of an action to

facilitate illegal immigration.

(5) These regulations shall apply without prejudice to the

provisions relating to the protection of witnesses under the Police

Act, and to the protection granted under the International

Protection Act, and shall define the conditions for granting

residence permits of limited duration to third country nationals who

co-operate with the Principal Immigration Officer in the fight

against trafficking of human beings or against action to facilitate

illegal immigration.

In these regulations, unless the context otherwise requires -

"Act" means the Immigration Act;

"action to facilitate illegal immigration" covers those cases

provided for in article 32 of the Immigration Act;

"co-operate" means the giving of information by the third

country national to the immigration authorities related, inter alia,

to his arrival in Malta as a victim of trafficking or related to his

illegal arrival in Malta and includes, in particular, the names of

persons of traffickers and their accomplices or details related to

points of departure, which information leads to, or contributes

significantly to, the tracing or prosecution of the trafficker;

"Director" means the Director for Citizenship and Expatriate

Affairs;

"Member State" means any one of the Member States of the

WHO CO-OPERATE WITH THE MALTESE AUTHORITIES

European Union;

"Minister" means the Minister responsible for immigration;

"residence permit" includes a permit issued under article 4A of

the Act and in particular includes an authorization of any type,

whether temporary or not, or whether given for a special or ad hoc

purpose, giving the right of residence to a citizen of the Union

within the territory of Malta;

"third country national" means any person who is not a national

of a Member State;

"trafficking of human beings" covers those cases provided for in

Sub-title VIII Bis of Title VIII of the Criminal Code;

"unaccompanied minor" means a third country national, below

the age of eighteen, who arrives in Malta unaccompanied by an

adult responsible for him whether by law or custom, and for as long

as he is not effectively taken into the care of such a person, or a

minor who is left unaccompanied after he has entered Malta.

(1) When it appears to the Principal Immigration Officer

that the third country national is co-operating with him in the fight

against trafficking of human beings or, where applicable, against

action to facilitate illegal immigration, he shall inform the third

country national concerned of the possibilities offered under these

regulations.

(2) The Principal Immigration Officer may invite a non-

governmental organisation or another relevant association to give

such information to the third country national concerned.

(3) The Principal Immigration Officer shall grant a period of

reflection, of not more than two months, with effect from the day

when the information referred to in subregulation (1) is given by

the Principal Immigration Officer, for the third country national to

detach himself from the influence of the perpetrators of the offence

so as to enable him to take an informed decision on the possibility

of co-operating.

(4) During the reflection period the third country national shall

not be removed from Malta

Provided that the reflection period shall not create any

entitlement to residence under these regulations.

(5) During the period of reflection, while due regard is had to

his safety and protection needs, the third country national who does

not have sufficient resources shall be provided with

(i)

the standards of living capable of ensuring his

subsistence;

(ii) access to emergency medical care;

and, where applicable

(iii) attention to the needs of the most vulnerable;

(iv) psychological assistance;

(v) translation and interpreting services;

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(vi)

free legal aid

Provided that in the case where the third country national is

a minor, he shall have access to the public education system under

the same conditions as Maltese nationals.

(6) The period of reflection shall be terminated at any time by

the Principal Immigration Officer for reasons relating to public

policy or the protection of national security or if he establishes that

the third country national concerned has actively, voluntarily and

on his own initiative renewed contact with the perpetrators of the

offences of trafficking of persons or facilitating illegal

immigration.

A third country national who is a victim of trafficking of

human beings being or is the subject of an action to facilitate illegal

immigration in terms of the provisions of these regulations, and

who is found under circumstances which clearly indicate that he is

a child or young person in need of care, shall be assisted in terms of

the Children and Young Persons (Care Orders) Act as if he were a

child or young person under such Act.

(1) Without prejudice to any restrictions arising from

public policy or public security, the Principal Immigration Officer

may, at the end of the reflection period, or earlier if he is of the

view that the third country national already fulfils the conditions

stipulated in paragraphs (a) to (c), recommend to the Director the

issuing of a residence permit for the third country national

concerned when it is clear that

(a) the permission to remain in Malta of the third country

national may present an opportunity for the

investigations or judicial proceedings;

(b) the third country national intends to co-operate with

the Principal Immigration Officer;

(c) the third country national has severed all relations with

the persons suspected of committing the offences of

trafficking of persons or facilitating illegal

immigration

Provided that, when the third country national concerned is

a minor, the Principal Immigration Officer shall take due account

of his best interests and ensure that the procedure is appropriate to

his age and maturity.

(2) The residence period referred to in sub-regulation (1) shall be

valid for a period of twelve (12) months which shall be renewed if the

conditions mentioned in the said sub-regulation subsist and, in

particular, taking into account the best interests of the child in cases

where the third country national is a minor.

(3) The provisions of regulation 3(5) shall apply to the third

country national concerned, when he does not have the necessary

resources, after the issue of the residence permit and for the

duration of such permit

Provided that the third country national shall be provided

WHO CO-OPERATE WITH THE MALTESE AUTHORITIES

with the necessary medical care or other assistance, when he does

not have sufficient resources, and has special needs such as in the

case of pregnant women, disabled persons, victims of sexual or

other forms of violence, and minors.

(4) The third country national concerned may be granted a

work permit for the duration of the residence permit, in accordance

with article 11(3) of the Act, and, especially when such third

country national is a minor, access to vocational training and

education.

(5) Where applicable, the third country national concerned

shall be granted access to programmes or schemes, provided by

Government, non-governmental organisations or associations

having a specific agreement with Government, aimed at the

recovery of a normal social life including, where appropriate,

courses designed to improve professional skills or preparation of

his assisted return to the country of origin.

(1) Upon the recommendation of the Principal Immigration

Officer, the Director shall not renew the residence permit if the

conditions provided for in regulation 5(1) no longer subsist or if the

proceedings referred to in the same subregulation have been

terminated, in which case the provisions of the Act relating to

removal shall apply.

(2) Upon the recommendation of the Principal Immigration

Officer, the Director shall withdraw the residence permit if the

conditions set out in regulation 5(1) no longer subsist and, in

particular

(a) if the holder has actively, voluntarily and on his own

initiative renewed contacts with those suspected of

perpetrating the offences referred to in regulation 3(6);

or

(b) if the Principal Immigration Officer believes that the

co-operation by the third country national concerned is

fraudulent or that his complaint is fraudulent or

wrongful; or

(c) for reasons relating to public policy and to the

protection of national security; or

(d) when the third country national ceases to co-operate;

or

(e) when the Principal Immigration Officer decides to

discontinue the proceedings.